Appointment of Special Courts

Appointment of Special Courts:

1. (1) The State Government may, by notification in the Official Gazette, constitute one or more Special Courts for such area or areas, or for such case or class or group of cases, as may be specified in the notification.
2. (2) Any question of law as to the cognizance of any offence by a Special Court shall be referred to the High Court having jurisdiction over the area, and the decision of the High Court, in such matter, shall be final.
3. (3) Where any question arises as to the jurisdiction of any Special Court, it shall be referred to the State Government whose decision in such matter shall be final.
4. (4) A Special Court shall be presided over by a judge to be appointed by the State Government, with the concurrence of the Chief Justice of the Gauhati High Court.
5. (5) The State Government may also appoint, with the concurrence of the Chief Justice of the Gauhati High Court, Additional Special Courts for such area or areas or for such case or class or group of cases as may be specified in the notification.
6. (6) A person shall not be qualified for appointment as a Special Court Judge or an Additional Special Court Judge unless he is, immediately before such appointment, a Sessions Judge or an Additional Sessions Judge.
7. (7) Where any vacancy occurs in the office of a Special Court Judge or an Additional Special Court Judge, such vacancy shall be filled in accordance with the provisions of this Act.
8. (8) Until a Special Court is constituted under sub-section (1), any case pending before any court could be transferred to a Special Court as soon as it is constituted.